URGENT APPEAL: Ensure the security of Mr. Islam along with his family

Amsterdam, 21 December 2012

The Dutch Lawyers for Lawyers Foundation (“Stichting Advocaten voor Advocaten”) is an independent and non-political foundation which seeks to promote the proper functioning of the rule of law by pursuing freedom and independence of the legal profession. The Foundation does this by supporting lawyers worldwide who are
threatened or suppressed in the execution of their profession.

According to our information, Shahanur Islam Saikot has received several death threatsover the last 4 years, the most recent ones dating from 7 December 2012.In light of the aforementioned incidents, Mr. Islam fileda complaint at the Mohammadpur police station, reporting on the threats he had received and calling for the immediate arrest of the alleged perpetrator. However, no action was undertaken yet to ensure his safety and that of his family, or to start an investigation on the death threats.

Ms. Sheikh Hasina
Prime Minister
Office of the Prime Minister
Gona Bhaban
Old Sangsad Bhaban, Tejgaon
DHAKA, BANGLADESH
Fax: +880 2 8113243
Email: info@pmo.gov.bd

Amsterdam, 21 December 2012

Subject: Mr. Shahanur Islam Saikot

Your Excellency,

The Dutch Lawyers for Lawyers Foundation (“Stichting Advocaten voor Advocaten”) is an independent and non-political foundation which seeks to promote the proper functioning of the rule of law by pursuing freedom and independence of the legal profession. The Foundation does this by supporting lawyers worldwide who are threatened or suppressed in the execution of their profession.

On behalf of the Foundation, we write you in respect of our colleague, Shahanur Islam Saikot, a respected human rights lawyer.

Mr. Islam is a lawyer and the executive director of the Bangladesh Institute of Human Rights. He has accomplished extensive human rights work notably relating to minorities’ rights in Bangladesh.

According to our information, Shahanur Islam Saikot has received several death threatsover the last 4 years, the most recent ones dating from 7 December 2012. In light of the aforementioned incidents, Mr. Islam filed a complaint at the Mohammadpur police station, reporting on the threats he had received and calling for the immediate arrest of the alleged perpetrator. However, no action was undertaken yet to ensure his safety and that of his family, or to start an investigation on the death threats.

In this context, we urge the government of Bangladesh to recognize the valuable role played by human rights lawyers and to promote and support their work in line with the Basic Principles on the Role of Lawyers, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders in 1990, which provide for a number of rights and responsibilities for lawyers acting in their professional capacity.

In particular paragraphs 16 and 17 of the United Nations Basic Principles on the Role of Lawyers, state that the Government is under an obligation ‘to ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference’. Further: ‘Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities’.

According to paragraph 23, ‘Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings […]’.

These principles are universally applicable. Therefore, your government is under an obligation to adequately protect and support its lawyers.

Moreover, this conduct is contrary to article 171 of the International Covenant on Civil and Political Rights, which treaty Bangladesh has accessioned2, and by which Bangladesh is therefore legally bound.

In view of the above, we urge your government to:

•  conduct a credible investigation into the threats towards Mr. Islam and hold accountable anyone that is responsible; and

• take all necessary measures to guarantee the physical and psychological integrity and security of Mr. Islam and his family.

We thank you for your attention to this very important matter. We are confident of your good will and sense of justice and will continue to monitor this case closely.

On behalf of the President of Lawyers for Lawyers, Phon van den Biesen,

Sincerely,

Lawyers for Lawyers
Adrie van de Streek
Executive director